SBTC to FMCSA:
"Three Strikes and You're Out!"
SBTC's lawsuit deals with three exemption applications FMCSA failed to process in accordance with Federal Law. In each case, FMCSA failed to decide on the application within the 180-day statutory time frame prescribed by Congress. SBTC alleges discrimination by FMCSA because FMCSA routinely processes exemption applications submitted by other trade groups in accordance with its legal obligation to do so under "49 USC §31315. Waivers, exemptions, and pilot programs."
Here are the three exemption applications:
(1) ELD Exemption Application Round Two;
(2) Hours of Service Exemption Application for interstate carriers blocked from complying with Federal HOS because the city of Midland, Texas has outlawed truck parking city-wide. FMCSA refused to (1) address SBTC's coercion complaint against Midland as a receiver under its own Coercion Rule; and (2) preempt that local ordinance as interference with interstate commerce; and
(3) Intermediary Bond Exemption Application that seeks to address FMCSA's (1) failure to report to Congress on the appropriateness of the bond amount; and (2) refusal to crack down on unlicensed brokers who are calling themselves "dispatchers." SBTC argues the agency cannot require $75,000 bonds for small business brokers who properly register while letting others unfairly compete by operating unlicensed and not enforcing the broker licensing requirement on illegal brokers.
SBTC points to
Exhibit C of its complaint, a November 19, 2019 letter
from FMCSA Acting Administrator Jim Mullen, which represented to SBTC the agency would act within 180 days, and alleges FMCSA
knowingly and intentionally
violated the law in furtherance of its scheme to discriminate against the SBTC.
"The SBTC filed this lawsuit yesterday against the Secretary and USDOT to compel agency action on three exemption applications FMCSA failed to process within the statutory 180-day time period. We will not allow USDOT bureaucrats to continuously violate Federal Law with impunity. We note FMCSA's failures happened well before the "National Emergency" was declared. Truckers' rights to equal protection of the law and due process under the Administrative Procedure Act are not nullified because of the COVID-19 Coronavirus pandemic,"
SBTC Executive Director James Lamb said today.
to Read the Complaint
filed by SBTC yesterday in Federal Court
THE SBTC IS GETTING THINGS DONE!
